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Vol 21 No 11 Nov/Dec 2016

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Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Fear of Judging

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Kate StithLafayette S. Foster Professor of Law, Yale Law School, USA, Jose A. Cabranes

ISBN13: 9780226774862
ISBN: 0226774864
Published: June 2000
Publisher: The University of Chicago Press
Country of Publication: USA
Format: Paperback
Price: £21.00



A full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present system has burdened the courts, dehumanized the sentencing process and by repressing judicial discretion, eroded the constitutional balance of powers. Although termed the new sentencing ""guidelines"", the new sentencing rules are mandatory and before 1987, when the complex bureaucratic apparatus was imposed, federal judges exercised wide discretion in criminal sentencing. The text argues that the guidelines have failed to achieve their goal of addressing inequities in sentencing and defends a vision of justice that requires judges to perform what has traditionally been considered their central task - exercising justice.

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Contents:
Preface Introduction Ch.
1: Sentencing Reform in Historical Perspective Ch.
2: The Invention of the Sentencing Guidelines Ch.
3: Judging under the Federal Sentencing Guidelines Ch.
4: The Battle Cry of Disparity Ch.
5: Prospects for the Future A: Sentencing Table of the United States Sentencing Guidelines B: ""Relevant Conduct"" Guideline C: The Complexity of Criminal History D: How Sentencing Works Notes Bibliography Index